SB 120 would set objective standard for HOA restrictions on rooftop solar placement

2116381 · January 15, 2025

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Summary

Senate Bill 120 would add a measurable definition of "reasonable" for homeowner associations reviewing solar collector system applications, including thresholds for cost and efficiency impacts, proponents said.

Senate Bill 120 would define reasonableness for community association restrictions on residential solar collector system placement by adding objective thresholds and requiring evidence from qualified solar design professionals when an association claims a restriction is reasonable.

Sen. Tony Muse presented the bill and described it as a narrow amendment to a previously passed law that created standards for reviewing solar applications. The proposed amendment would deem an HOA restriction unreasonable if relocating panels raises costs by more than 5% or reduces system efficiency by more than 10 percent; the sponsor said proof of impacts must come from a solar design specialist.

Ashley Clark of the Community Associations Institute (Maryland Legislative Action Committee) testified in support, saying the percentages mirror Virginia language and provide homeowners and associations clear metrics on what constitutes a significant cost increase or efficiency reduction. Clark said the bill passed the House previously with no opposition and that the amendment clarifies the statute’s undefined term "reasonable," enabling boards and owners to resolve disputes using a measurable standard.

No formal committee action was recorded at the hearing. Proponents asked for a favorable report; there was no opposition testimony on the record during the committee session.